(1.) MRS .D.Samudhiradevi and Mr.G.Sugumar, are the plaintiff and defendant respectively in the suit in O.S.No.20 of 2005, filed for a direction to the defendant, to execute a sale deed, in favour of the plaintiff, in respect of the suit property, as per the agreement of sale, dated 03.10.2002, and to register the same, on receipt of the balance of sale amount of Rs.5,00,000.00 and in case, if the defendant fails to do so, the Court shall execute a valid sale deed, and to register the same in favour of the plaintiff, as specific performance of the contract and consequently, to direct the defendant, to deliver possession of the suit property to the plaintiff, in entirety or in the alternative, directing the defendant (second respondent) to pay a sum of Rs.4,32,000.00 with interest at the rate of 12% per annum.
(2.) AFTER filing the written statement, the defendant remained ex parte. Thereafter, upon hearing the arguments of the plaintiff and perusing the documents, the learned Principal District Judge, Nagapattinam, by judgment and decree, dated 05.07.2007, has passed the following orders:
(3.) FACTS of the case, as deduced from the pleadings are as follows: Appellants 1 to 8 and respondents 2 and 3 in this appeal are members of a joint and undivided family. The suit property belongs to the abovesaid joint family. Late Gnanasekaran, husband of the first respondent and father of appellants 2 to 8 and respondents 2 and 3, had several buildings, lodges, complex, Cinema Theatre, wet and dry lands and many properties of his own, obtained under a Partition Deed, dated 28.07.1980, as 'B' Schedule properties. He enjoyed the properties along with the family members jointly and from the income derived from the joint family property, has purchased several properties and all the properties were enjoyed by the family members, as one unit.